Colorado enforces strict laws regarding the furnishing of alcohol to minors. While the legal drinking age in the state is 21, certain exceptions exist for alcohol consumption by minors in specific circumstances. However, providing alcohol to someone under 21 outside of these exceptions can lead to significant legal consequences, including criminal charges, fines, and potential jail time.
Legal Drinking Age in Colorado
Under C.R.S. 44-3-901, the legal drinking age in Colorado is 21 years old. It is generally illegal for anyone under this age to purchase, possess, or consume alcohol. There are harsh consequences for DUI cases for minors. However, the law allows certain exceptions where minors may legally consume alcohol under specific conditions.
Is Supplying Alcohol to a Minors a Felony?
Illegal Furnishing of Alcohol to a Minor (C.R.S. 44-3-901(1)(a))
It is unlawful for any person to knowingly provide alcohol to a minor. This includes:
- Selling alcohol to an individual under 21.
- Giving or supplying alcohol to a minor.
- Allowing a minor to consume alcohol on private or commercial premises.
Violating this law is typically a Class 2 misdemeanor, punishable by fines up to $1,000 and up to one year in jail. More severe penalties may apply in cases where alcohol consumption leads to injury or death.
Exceptions to the Law
Despite the general prohibition, limited exceptions where a minor may legally consume alcohol:
- Parental Supervision – A minor may legally consume alcohol in a private residence if their parent or legal guardian is present and consents to the consumption.
- Religious Services – Minors may consume alcohol as part of a bona fide religious ceremony (e.g., communion in Christian churches). Note: 44-3-106. Exemptions. (1) The provisions of this article 3 shall not apply to the sale or distribution of sacramental wines sold and used for religious purposes.
- Medical Necessity – Alcohol consumption may be allowed if prescribed or recommended by a licensed physician for medical treatment.
- Educational Purposes – Minors enrolled in culinary or hospitality programs at accredited institutions may handle or taste alcohol as part of their training, provided they do not consume it recreationally.
Penalties for Furnishing Alcohol to a Minor
The penalties for providing alcohol to minors depending on the severity of the offense:
- Standard Offense – A Class 2 misdemeanor, punishable by up to one year in jail and fines of up to $1,000.
- Injury or Death Resulting from Furnished Alcohol – If a minor who was illegally provided alcohol causes serious injury or death (e.g., in a DUI accident), the provider may face felony charges, civil liability, and significantly increased penalties.
- Repeat Offenses – Multiple violations can lead to harsher fines and longer jail sentences.
- Businesses or Licensed Vendors – Bars, liquor stores, and restaurants that illegally furnish alcohol to minors risk loss of their liquor license, heavy fines, and criminal charges.
Minor in Possession Colorado Laws
Possession and Consumption of Alcohol by a Minor (C.R.S. 18-13-122)
A minor who possesses, purchases, or consumes alcohol without an applicable exception may face Minor in Possession (MIP) charges. Penalties for MIP offenses include:
- First Offense: A petty offense punishable by a fine up to $100, substance abuse education.
- Second Offense: Additional fines, 24 hours community service hours, and alcohol education.
- Third or Subsequent Offenses: Increased fines, 36 community service hours, and substance abuse evaluation/treatment
Additionally, an MIP conviction can result in a criminal record,
which may impact college applications, employment opportunities, and
eligibility for financial aid. Remember, MIP charges are sealable. So, even if you are charged with an MIP offense, you can later seek
to seal the conviction.
How Old Must Someone Be to Serve Alcohol in Colorado?
Colorado law sets minimum age requirements for serving and selling alcohol:
- 18 Years Old: Individuals aged 18-20 may serve alcohol in restaurants and bars, but only under the direct supervision of someone 21 or older.
- 21 Years Old: A person must be at least 21 to sell alcohol in liquor stores or work as a bartender without supervision.
- Under 18: Minors under 18 cannot serve alcohol in any capacity, even with parental permission.
Defenses Against Furnishing Alcohol to a Minor Charges
If you are charged with unlawfully providing alcohol to a minor, there may be defenses available to contest the allegations. Common defenses include:
- Lack of Knowledge – If you reasonably believed the recipient was over 21 (e.g., they presented a fake ID that appeared valid), this could be a defense.
- Parental or Guardian Consent – If the minor was drinking in a private setting with parental supervision, charges may not apply.
- Entrapment – If law enforcement officers coerced or pressured you into providing alcohol to a minor in a way that you otherwise would not have, this may be a valid defense.
What to Do If You Are Charged ?
If you are facing charges for furnishing alcohol to a minor, serving alcohol underage, or a minor in possession offense, it is crucial to seek legal representation immediately. The penalties for these violations can be severe and may have lasting consequences on your criminal record and future opportunities.
At the McDowell Law Firm, we specialize in defending individuals charged with alcohol-related offenses in Colorado Springs, Monument, Manitou Springs, Fountain, and El Paso County. We understand Colorado’s liquor laws and can help develop a strong legal defense strategy tailored to your case.
Contact us today for a consultation to protect your rights and fight the charges against you.
719-227-0022.
Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Frequently Asked Questions
Is selling alcohol to minors a felony?
Generally, no. In Colorado, knowingly selling alcohol to someone under 21 is generally treated as unlawful furnishing of alcohol to a minor and is typically a Class 2 misdemeanor. A standard offense can carry up to one year in jail and a fine of up to $1,000. More serious consequences may apply when the furnishing of alcohol results in serious injury or death.
Is serving alcohol to a minor a felony?
Serving alcohol to a minor is generally not a felony by itself. Knowingly providing alcohol to someone under 21 can constitute unlawful furnishing of alcohol under Colorado law. The offense is typically a Class 2 misdemeanor, although more serious circumstances can result in felony charges.
Can you serve alcohol at 18 in Colorado?
Yes, in certain circumstances. Colorado allows some employees who are 18 to 20 years old to sell, serve, or dispense alcohol when they meet the requirements of the applicable liquor law and regulations. For certain licensed establishments, an employee between 18 and 20 must be directly supervised by someone who is at least 21 years old. Different rules can apply depending on the type of establishment and alcohol license.
Is selling alcohol to a minor a misdemeanor?
Generally, yes. Knowingly selling alcohol to a person under 21 can constitute unlawful furnishing of alcohol to a minor, which is typically a Class 2 misdemeanor in Colorado. The offense can carry up to one year in jail and a fine of up to $1,000. The circumstances of the case can affect the potential penalties.
When may a minor legally purchase alcohol?
Generally, a person under 21 cannot legally purchase alcohol in Colorado. Colorado law provides limited exceptions concerning the possession or consumption of alcohol by minors, but those exceptions do not create a general right for a minor to purchase alcohol.
For example, Colorado law recognizes certain circumstances involving parental supervision, religious ceremonies, medical purposes, and educational activities.
What are the penalties for selling alcohol to a minor?
Selling alcohol to a minor can result in criminal penalties because it may constitute unlawful furnishing of alcohol. A standard violation is typically a Class 2 misdemeanor, which can carry up to one year in jail and a fine of up to $1,000.
Additional consequences may apply depending on the circumstances. Licensed businesses may also face consequences involving their liquor licenses. If alcohol provided to a minor contributes to serious injury or death, substantially more serious criminal consequences may apply.
Is distributing alcohol to minors a felony?
Not necessarily. Knowingly distributing or supplying alcohol to a person under 21 can fall under Colorado’s laws prohibiting the furnishing of alcohol to minors. The standard offense is typically a Class 2 misdemeanor rather than a felony.
However, the circumstances surrounding the offense matter. If the illegal furnishing of alcohol contributes to serious injury or death, felony charges may be possible.
Is buying alcohol for minors a felony?
Buying alcohol for someone under 21 can create legal problems when the purchase involves knowingly providing alcohol to the minor. Colorado law generally prohibits knowingly furnishing alcohol to a person under 21, and the standard offense is typically a Class 2 misdemeanor.
Whether criminal charges apply depends on the specific facts and circumstances, including who purchased the alcohol and whether an exception under Colorado law applies.
